Criminal Defense Terms and Definitions

Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. Miranda rule The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery) Subpoena An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Assault A willful attempt to illegally inflict injury on or threaten a person.

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	Did You Know?
	Manslaughter is when a person recklessly causes the death of another Manslaughter - A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter.